Cognizance without order on final report

Querist : Anonymous (Querist) 18 December 2010 This query is : Resolved
Final report was submitted by the police. Magistrate took cognizance without passing order on final report. Is taking of cognizance legal and justified ?

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Devajyoti Barman (Expert) 18 December 2010
The order needs to be seen. The court can take conzance of the case even after submission of final report. See - air 1985 sc 1285.

SAANJAAY GUPTAA (Expert) 19 December 2010
Yes, court may take cognizance.

s.subramanian (Expert) 19 December 2010
The act of taking cognisance clearly implies that the court has accepted the final report. No separate order need be passed for this purpose and CrPC does not contmplate any such separate order acceptintg the final report.

Advocate. Arunagiri (Expert) 19 December 2010
Author, You have said Final report not a charge sheet. If the charge sheet is file no need for an order to taking cognizance.

If the negative final report is filed, the magistrate is empowered to take cognizance by passing orders u/s 190 1 b.

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